What happens if you die without a will in Connecticut and you’re married with children?

When you die without a will in Connecticut, your assets don't automatically go to your spouse – even if that's what you would have wanted. Instead, Connecticut law follows a predetermined formula for distributing your estate:

Your spouse receives the first $100,000 of your intestate property, plus half of the remaining balance. Your children equally split the other half of the remaining balance.

Let's look at a simple example:

If you have an intestate estate worth $500,000, here's how it would be distributed:

- Your spouse receives $100,000 plus half of the remaining $400,000 ($200,000)

- Your two children split the other $200,000 ($100,000 each)

This distribution might not align with your wishes. Many people assume their spouse would inherit everything, but Connecticut law creates a different outcome. Additionally, several other factors come into play:

Without a will, your estate must go through probate court. The court will appoint an administrator (similar to an executor) to handle your estate. This person will likely be your spouse or one of your children (if they are adults), but they'll have less flexibility than an executor named in a will would have.

Your children's share of your estate becomes more complicated if they're minors. The court will need to appoint a conservator to manage their inheritance until they turn 18.

The conservatorship process adds another layer of complexity (and time):

  • The court must approve the conservator (often the surviving spouse, but not always)

  • The conservator must file regular accountings with the court

  • They may need court approval for certain financial decisions

  • The children receive their entire inheritance at 18 – whether they're ready to manage it or not

The probate process itself tends to be more time-consuming and expensive without a will, potentially reducing what's left for your family. The court must also appoint an administrator to manage your estate, adding another layer of complexity during an already difficult time.

You can avoid all of this with a little planning ahead.

  • Create a trust that could manage your children's inheritance well into adulthood

  • Specify how you'd like their inheritance used (education, health, etc.)

  • Choose someone to manage your children's money separately from who raises them

  • Provide for special needs or circumstances of different children

  • Protect your children's inheritance if your surviving spouse remarries

Think of a will or trust as your children's safety net. You can name trusted guardians, create protective trusts for their inheritance, and ensure they're cared for according to your wishes – not just according to state law.

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The Secret Weapon for Protecting Your Legacy: Why Connecticut Families Are Choosing Living Trusts Over Wills

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What happens if you die without a will and you’re a single parent with minor children?